Please read carefully these Terms and Conditions ("Terms", "Terms and Conditions"), including the Limitation on Liability and other sections below, before using the johndsutton.com website and/or the (Failing Venture, Website, Service, App, Web App, Product, API, etc.) (collectively referred to herein as the "Product") operated by Failing Venture ("BDP", "us", "we", or "our"). By clicking "ACCEPT" or by accessing or using the Product you agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING BUT NOT LIMITED TO THE LIMITATION ON LIABILITY set forth below, THEN DO NOT CLICK "ACCEPT" AND DO NOT ACCESS OR USE THIS PRODUCT! Your access to and use of the Product is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Product.
If you wish to purchase any product or Product made available through the Product ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your identity, address, contact and billing information.
The charges and rates are described in the Product. Some parts of the Product are billed on a subscription basis ("Subscription"). If you elect to the Subscription, you will be billed and charged on a monthly basis in advance on the first day of each month and continuing thereafter until the subscription is terminated.
Our Product allows User to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are solely responsible for the content. User is solely responsible for all uploaded content (text, images, video, data or other information). BDP may distribute this content as directed by User. BDP will not distribute to the public private information such as credit card information (Any information entered in other fields may be subject to distribution). Payment information may be shared with third party payment service providers. BDP is not responsible in the event of a security breach. BDP is not responsible in the event of accidental content distribution (Eg: due to a bug/glitch, user error, etc.).
User may not access the product database or backend server except through the website user interface during normal use. User may not access the database programmatically, except via authorized API use. User may not attempt to access data belonging to other users. User may not attempt to alter or destroy data except as explicitly permissible and allowed via the app. User may not attempt to denial of service or any other attacks, hacks, cracks, exploits, malicious behavior, etc. against the app or its users.
User shall not under any circumstances use or permit others to use the Product for any unlawful, illegal, abusive, discriminatory or abusive purpose or practice. This prohibition includes but is not necessarily limited to any use that would be in violation of any civil, criminal, regulatory or administrative law of the United States, any State, or other relevant jurisdiction.
Our Product may contain links to third-party web sites or Products that are not owned or controlled by BDP.
BDP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or Products. You further acknowledge and agree that BDP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Products available on or through any such web sites or Products.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us at [email protected]
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Product together with the underlying software code are owned exclusively and directly by BDP or, if applicable, by BDP's licensors.
Commercial or for-profit use of the site or products within the site is not permitted except as explicitly licensed by BDP.
The use of the Product is licensed, not sold to the User. As such, BDP retains all ownership rights and privileges. As a User, BDP grants you a non-exclusive, worldwide, and perpetual license to use the Product for personal non-commerical use only. This license is nontransferable and may only be utilized in accordance with these Terms and conditions. This license may be revoked at any time without cause and without notice to User as determined by BDP in its sole discretion.
The Product constitutes trade secrets and confidential information of BDP. Any use, distribution, or modification of the Product beyond the express allowance of these Terms and Conditions is strictly prohibited without the express written consent of BDP.
The Product is currently made available to you at the rates and charges set forth in the current version of the App and/or website accessed by the User. User understands and agrees that these rates and charges may change from time to time and continued use of the Product constitutes User's agreement to pay the applicable rates and charges. BDP reserves the right to amend or withdraw the Product, or charge for the Product or Product provided to you in accordance with these terms and conditions at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider ('Mobile Provider') will continue to apply when using the Product. As a result, you may be charged by the Mobile Provider for access to network connection Products for the duration of the connection while accessing the Product or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the account holder for the account being used to access the Product, you will be assumed to have received permission from the account holder for using the Product.
BDP is not responsible for unavailability of the Product, or any difficulty or inability to download or access content or any other communication system failure which may result in the Product being unavailable. BDP is not be responsible for any support or maintenance for the Product.
In order to use the Product, you are required to have a compatible mobile telephone, computer software or handheld device, internet access, and the necessary minimum specifications ('Software Requirements'). The Software Requirements are as follows: Recent version of Chrome/Safari/Firefox browser
The version of the Product software may be upgraded from time to time to add support for new functions and Products.
BDP may terminate use of the Product at any time without cause and without notice to you. Upon any termination, (a) any rights and license granted to you herein shall terminate; and (b) you must cease all use of the Product.
In no event will BDP be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Product, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including but not limited to negligence), product liability or otherwise. To the extent that BDP is found responsible or liable to User, you agree that your entitlement to damages is limited exclusively to the amount of the charge for the aspect of the Product in question, or $250, whichever amount is less.
BDP is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Product.
The unenforceability or invalidity of any clause in this Agreement shall not have an impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause shall be regarded as removed from this Agreement to the extent of its unenforceability and invalidity. Therefore, this Agreement shall be interpreted and enforced as if it did not contain the said clause to the extent of its unenforceability and invalidity.
Terms and Conditions shall be binding upon and inure to the benefit of the successors of the parties. However, no assignment shall take place without the express written consent of BDP.
The use of the Product is being allowed on an "as is" basis, and the BDP disclaims all warranties of quality, whether express or implied, including the warranties of merchantability and fitness for particular purpose. User acknowledges that it has not been induced by any statements or representations of BDP or any person with respect to the quality or condition of the Product and that no such statements or representations have been made. User acknowledges that BDP does not guaranty or in any way represent that any particular result or outcome will follow from the use of the Product.
Any dispute between User and BDP shall be resolved and decided in Jackson County, Oregon as provided here.
BDP and User agree that all claims, causes of action, controversies, or disputes, whether arising in contract, tort, or otherwise, and which arise out of or are related to the Product or these Terms and Conditions shall be resolved in Jackson County, Oregon without a jury as both parties expressly waive their right to a jury trial.
If BDP and User are not able to resolve any such matter informally, then it shall be resolved by mediation or, if mediation is unsuccessful, decided by neutral arbitration, in accordance with the rules for court-mandated arbitration in the Circuit Court of the State of Oregon for Jackson County, provided, however, that any arbitration provided for herein shall be binding upon the parties. The obligation to arbitrate shall survive the termination of User's license and/or the termination of User's use of the Product.
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the state of Oregon.
These Terms and Conditions are the entire and complete agreement between User and BDP pertaining to the Product, and supersedes and replaces all prior or existing written and oral agreements, as well as any prior version of terms and conditions for the Product.